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Illinois Compiled Statutes
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() 65 ILCS 5/11-74.6-1
(65 ILCS 5/11-74.6-1)
Sec. 11-74.6-1.
Short Title.
This Division 74.6 may be cited as the
Industrial Jobs Recovery Law.
(Source: P.A. 88-537.)
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65 ILCS 5/11-74.6-5
(65 ILCS 5/11-74.6-5)
Sec. 11-74.6-5.
Findings and Declarations.
(a) It is hereby found and declared that the communities of the State
have lost over 300,000 manufacturing jobs over the last decade and that
these losses have resulted in persistent high levels of unemployment and
underemployment, substantial tax base losses in many areas of the State,
and have left a large inventory of vacant industrial space. As a result of
this decline in manufacturing, employment, and income there is an excessive
and disproportionate expenditure of public funds, inadequate public and
private investment, unmarketability of property, growth in crime, and
housing and zoning law violations in these areas together with an abnormal
exodus of occupants. The decline of these areas impairs the value of
private investments and threatens the sound growth and tax base of taxing
districts in these areas, and threatens the health, safety, morals and
welfare of the public. These areas also include underutilized plants and
facilities that, if redeveloped for industrial use, will promote industrial
and transportation activities, thereby reducing the evils attendant to
involuntary unemployment and enhancing the public health and welfare of this State.
(b) It is further found and declared that there exist in many
municipalities within the State numerous properties, both improved and
unimproved, that cannot be reused or sold for reuse because of environmental
contamination that causes them to be vacant for long
periods of time, less marketable or unmarketable unless cleaned
up, and dilapidated and detrimental to the surrounding community.
Many of these properties are in strategic locations within the
municipalities and cause disinvestment within the community and a loss of
tax base and employment opportunities.
(c) It is hereby found and declared, that in order to promote and
protect the health, safety, morals, and welfare of the public,
redevelopment of these areas must be undertaken. To reverse these
adverse economic conditions, it is necessary to encourage private investment
and restore and enhance the tax base of the taxing districts in these areas
by the development or redevelopment of project areas. The reversal of
these adverse economic conditions and the elimination of the negative
impact they have on communities through industrial redevelopment projects,
and the retention and expansion of the economic bases of Illinois
communities is hereby declared to be essential to the public interest.
(d) It is found and declared that the use of incremental tax revenues
derived from the tax levies of various taxing districts in redevelopment
project areas for the payment of redevelopment project costs is of benefit
to those taxing districts because taxing districts located in redevelopment
project areas will ultimately derive substantial benefits from the increased
assessment base developed by tax increment allocation financing. In
addition, if all surplus tax revenues are distributed to the taxing districts
in redevelopment project areas, all taxing districts will benefit from the
removal of adverse economic conditions, the development of industrial parks
and the development, retention and expansion of employment opportunities
for Illinois residents.
(Source: P.A. 88-537.)
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65 ILCS 5/11-74.6-10
(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any improved or vacant area
within
the boundaries
of a redevelopment project area located within the corporate limits of
a municipality when,
(i) there has been a determination of release or substantial threat of release
of
a hazardous substance or pesticide, by the United States Environmental
Protection Agency or the Illinois Environmental Protection Agency, or the
Illinois Pollution Control Board, or any court, or a release or substantial
threat of release which is addressed as part of the Pre-Notice Site Cleanup
Program under Section 22.2(m) of the Illinois Environmental Protection Act, or
a release or substantial threat of release of petroleum under Section 22.12 of
the Illinois Environmental Protection Act, and (ii) which release or threat of
release presents an imminent and substantial danger to public health or welfare
or presents a significant threat to public health or the environment, and (iii)
which release or threat of release would have a significant impact on the cost
of redeveloping the area.
(b) "Department" means the Department of Commerce and Economic Opportunity.
(c) "Industrial park" means an area in a redevelopment project
area suitable for use by any manufacturing, industrial, research, or
transportation enterprise, of facilities, including but not limited to
factories, mills, processing plants, assembly plants, packing plants,
fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research facilities,
test facilities or railroad facilities. An industrial park may contain
space for commercial and other use as long as the expected principal use of the
park is
industrial and
is reasonably expected to result in the creation of a significant number of new
permanent full time jobs. An
industrial park may also contain related operations and facilities including,
but not
limited to, business and office support services such as centralized
computers, telecommunications, publishing, accounting, photocopying and
similar activities and employee services such as child care, health care,
food service and similar activities. An industrial park may also include
demonstration projects, prototype development, specialized training on
developing technology, and pure research in any field related or adaptable
to business and industry.
(d) "Research park" means an area in a redevelopment project area
suitable for development of a facility or complex that includes
research laboratories and related operations. These related operations may
include, but are not limited to, business and office support services
such as centralized computers, telecommunications, publishing,
accounting, photocopying and similar activities, and employee services
such as child care, health care, food service and similar activities.
A research park may include demonstration projects, prototype development,
specialized training on developing technology, and pure research
in any field related or adaptable to business and industry.
(e) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the corporate
limits of a municipality or within 1 1/2 miles of the corporate limits of a
municipality if the area is to be annexed to the municipality, if the area is
zoned as industrial no later than the date on which the municipality by
ordinance designates the redevelopment project area, and if the area
includes improved or vacant land suitable for use as an industrial park or
a research park, or both. To be designated as an industrial park
conservation area, the area shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor | | surplus municipality and the area must be served by adequate public and or road transportation for access by the unemployed and for the movement of goods or materials and the redevelopment project area shall contain no more than 2% of the most recently ascertained equalized assessed value of all taxable real properties within the corporate limits of the municipality after adjustment for all annexations associated with the establishment of the redevelopment project area or be located in the vicinity of a waste disposal site or other waste facility. The project plan shall include a plan for and shall establish a marketing program to attract appropriate businesses to the proposed industrial park conservation area and shall include an adequate plan for financing and construction of the necessary infrastructure. No redevelopment projects may be authorized by the municipality under Standard One of subsection (e) of this Section unless the project plan also provides for an employment training project that would prepare unemployed workers for work in the industrial park conservation area, and the project has been approved by official action of or is to be operated by the local community college district, public school district or state or locally designated private industry council or successor agency, or
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(2) Standard Two: The municipality must be a
| | substantial labor surplus municipality and the area must be served by adequate public and or road transportation for access by the unemployed and for the movement of goods or materials and the redevelopment project area shall contain no more than 2% of the most recently ascertained equalized assessed value of all taxable real properties within the corporate limits of the municipality after adjustment for all annexations associated with the establishment of the redevelopment project area. No redevelopment projects may be authorized by the municipality under Standard Two of subsection (e) of this Section unless the project plan also provides for an employment training project that would prepare unemployed workers for work in the industrial park conservation area, and the project has been approved by official action of or is to be operated by the local community college district, public school district or state or locally designated private industry council or successor agency.
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(f) "Vacant industrial buildings conservation area" means an area containing
one or more industrial buildings located within the corporate limits of the
municipality that has been zoned industrial for at least 5 years before the
designation of that area as a redevelopment project area by the
municipality and is planned for reuse principally for industrial purposes.
For the area to be designated as a vacant industrial buildings conservation
area, the area shall also satisfy one of the following standards:
(1) Standard One: The area shall consist of one or
| | more industrial buildings totaling at least 50,000 net square feet of industrial space, with a majority of the total area of all the buildings having been vacant for at least 18 months; and (A) the area is located in a labor surplus municipality or a substantial labor surplus municipality, or (B) the equalized assessed value of the properties within the area during the last 2 years is at least 25% lower than the maximum equalized assessed value of those properties during the immediately preceding 10 years.
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(2) Standard Two: The area exclusively consists of
| | industrial buildings or a building complex operated by a user or related users (A) that has within the immediately preceding 5 years either (i) employed 200 or more employees at that location, or (ii) if the area is located in a municipality with a population of 12,000 or less, employed more than 50 employees at that location and (B) either is currently vacant, or the owner has: (i) directly notified the municipality of the user's intention to terminate operations at the facility or (ii) filed a notice of closure under the Worker Adjustment and Retraining Notification Act.
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(g) "Labor surplus municipality" means a municipality in which,
during the 4 calendar years immediately preceding the date
the municipality by
ordinance designates an industrial park conservation area, the average
unemployment rate was 1% or more over the State average
unemployment
rate for
that same period of time as published in the United States Department of
Labor Bureau of Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of this
subsection (g), if unemployment rate statistics for the municipality are
not available, the unemployment rate in the municipality shall be deemed to
be: (i) for a municipality that is not in an urban county, the same as the
unemployment rate in the principal county where the municipality is located or
(ii) for a municipality in an urban county at that municipality's option,
either the unemployment rate certified for the municipality by the Department
after consultation with the Illinois
Department of Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to the date on
which the determination is made.
(h) "Substantial labor surplus municipality" means a municipality in
which, during the 5 calendar years immediately preceding the date the
municipality by
ordinance
designates an industrial park conservation area, the average unemployment rate
was 2% or more over the State average unemployment rate for
that
same period of time as published in the United States Department of Labor
Statistics publication entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection (h), if unemployment rate
statistics for the municipality are not available, the unemployment rate in the
municipality shall be deemed to be: (i) for a municipality that is not in an
urban county, the same as the unemployment rate in the principal county in
which the municipality is located; or (ii) for a municipality in an urban
county, at that municipality's option, either the unemployment rate certified
for the municipality by the Department after
consultation with the Illinois Department of Labor or the federal Bureau of
Labor Statistics, or the unemployment rate of the municipality as determined by
the most recent federal census if that census was not dated more than 5 years
prior to the date on which the determination is made.
(i) "Municipality" means a city, village or incorporated town.
(j) "Obligations" means bonds, loans, debentures, notes, special
certificates or other evidence of indebtedness issued by the municipality
to carry out a redevelopment project or to refund outstanding obligations.
(k) "Payment in lieu of taxes" means those estimated tax revenues from
real property in a redevelopment project area derived from real property that
has been acquired by a municipality,
which according to the redevelopment project or plan are to be used for a
private use, that taxing districts would have received had a municipality
not acquired the real property and adopted tax increment allocation
financing and that would result from
levies made after the time of the adoption of tax increment allocation
financing until the time the current equalized assessed value of real
property in the redevelopment project area exceeds the total initial
equalized assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program of the
municipality for development or redevelopment intended by the payment of
redevelopment project costs to reduce or eliminate the conditions that
qualified the redevelopment project area or redevelopment planning area, or
both, as an environmentally contaminated
area or industrial
park conservation area, or vacant industrial buildings
conservation area, or combination thereof, and thereby to enhance
the tax bases of the taxing districts that extend into the redevelopment
project area or redevelopment planning area.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development of
vacant land (i) with a golf course and related clubhouse and other facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
Each redevelopment plan must set forth in writing the
bases for the municipal findings required in this subsection, the
program to be undertaken to accomplish the objectives, including
but not limited to: (1) an itemized list of estimated redevelopment project
costs,
(2) evidence indicating that the redevelopment project area or the
redevelopment planning area, or both, on the whole has
not
been subject to growth and development through investment by private
enterprise,
(3) (i) in the case of an environmentally contaminated area, industrial park
conservation
area, or a vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where the building is
currently vacant, evidence that implementation of the redevelopment plan is
reasonably expected to create a significant number of permanent full time jobs,
(ii) in
the case of a vacant industrial buildings conservation area classified under
Standard Two (B)(i) or (ii) of subsection (f), evidence that implementation of
the redevelopment plan is reasonably expected to retain a significant number of
existing permanent full time jobs, and (iii) in the case of a
combination of
an environmentally contaminated area, industrial park conservation area, or
vacant industrial
buildings conservation area, evidence that the standards concerning the
creation or retention of jobs for each area set forth in (i) or (ii)
above are met,
(4) an assessment of the financial impact of the redevelopment
project area or the redevelopment planning area, or both,
on
the overlapping taxing bodies or any increased demand for services from any
taxing district affected by the
plan and any program to address such financial impact or increased demand, (5)
the sources of
funds to pay costs, (6) the nature and term of the obligations to be issued,
(7)
the most recent equalized assessed valuation of the redevelopment project
area or the redevelopment planning area, or both, (8) an estimate of the
equalized assessed valuation after redevelopment
and the general land uses that are applied in the redevelopment project area
or the redevelopment planning area, or both,
(9) a
commitment to fair employment practices and an affirmative action plan,
(10) if it includes an industrial park conservation area, the following: (i) a
general description of any proposed developer, (ii) user and tenant of any
property, (iii) a description of the type, structure and general character of
the facilities to be developed, and (iv) a description of the type, class and
number of new employees to be employed in the operation of the facilities to be
developed,
(11) if it includes an environmentally contaminated area, the following:
either (i) a determination of release or substantial threat of release of a
hazardous substance or pesticide or of petroleum by the United States
Environmental Protection Agency or the Illinois Environmental Protection
Agency, or the Illinois Pollution Control Board or any court; or (ii) both an
environmental audit report by a nationally recognized independent
environmental auditor having a reputation for expertise in these matters and a
copy of the signed Review and Evaluation Services Agreement indicating
acceptance of the site by the Illinois Environmental Protection Agency into the
Pre-Notice Site Cleanup Program,
(12) if it includes a vacant industrial buildings conservation area, the
following: (i) a
general description of any proposed developer, (ii) user and tenant of any
building or buildings, (iii) a description of the type, structure and general
character of
the building or buildings to be developed, and (iv) a description of the type,
class and
number of new employees to be employed or existing employees to be retained in
the operation of the building or buildings to be
redeveloped,
and (13) if property is to be annexed to the municipality, the
terms
of the annexation agreement.
No redevelopment plan shall be adopted by a
municipality without findings that:
(1) the redevelopment project area or redevelopment
| | planning area, or both, on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed in accordance with public goals stated in the redevelopment plan without the adoption of the redevelopment plan;
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(2) the redevelopment plan and project conform to the
| | comprehensive plan for the development of the municipality as a whole, or, for municipalities with a population of 100,000 or more, regardless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority of the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality;
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(3) that the redevelopment plan is reasonably
| | expected to create or retain a significant number of permanent full time jobs as set forth in paragraph (3) of subsection (l) above;
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(4) the estimated date of completion of the
| | redevelopment project and retirement of obligations incurred to finance redevelopment project costs is not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.6-35 is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted; a municipality may by municipal ordinance amend an existing redevelopment plan to conform to this paragraph (4) as amended by this amendatory Act of the 91st General Assembly concerning ordinances adopted on or after January 15, 1981, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures provided in this Law pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area;
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(5) in the case of an industrial park conservation
| | area, that the municipality is a labor surplus municipality or a substantial labor surplus municipality and that the implementation of the redevelopment plan is reasonably expected to create a significant number of permanent full time new jobs and, by the provision of new facilities, significantly enhance the tax base of the taxing districts that extend into the redevelopment project area;
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(6) in the case of an environmentally contaminated
| | area, that the area is subject to a release or substantial threat of release of a hazardous substance, pesticide or petroleum which presents an imminent and substantial danger to public health or welfare or presents a significant threat to public health or environment, that such release or threat of release will have a significant impact on the cost of redeveloping the area, that the implementation of the redevelopment plan is reasonably expected to result in the area being redeveloped, the tax base of the affected taxing districts being significantly enhanced thereby, and the creation of a significant number of permanent full time jobs; and
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(7) in the case of a vacant industrial buildings
| | conservation area, that the area is located within the corporate limits of a municipality that has been zoned industrial for at least 5 years before its designation as a project redeveloped area, that it contains one or more industrial buildings, and whether the area has been designated under Standard One or Standard Two of subsection (f) and the basis for that designation.
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(m) "Redevelopment project" means any public or private development
project in furtherance of the objectives of a redevelopment plan.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development
of vacant land (i) with a golf course and related clubhouse and other
facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
(n) "Redevelopment project area" means a contiguous area
designated
by the municipality that is not less in the aggregate than 1 1/2 acres,
and for which the municipality has made a finding that there exist
conditions that cause the area to be classified as an industrial park
conservation area, a vacant industrial building conservation area,
an environmentally contaminated area or a combination of these
types of areas. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code.
The changes made by this amendatory Act of the 102nd General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the opinion of the September 23, 2021 Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444.
(o) "Redevelopment project costs" means the sum total of all
reasonable or necessary costs incurred or estimated to be incurred by
the municipality, and
any of those costs incidental to a redevelopment plan and a redevelopment
project. These costs include, without limitation, the following:
(1) Costs of studies, surveys, development of plans,
| | and specifications, implementation and administration of the redevelopment plan, staff and professional service costs for architectural, engineering, legal, marketing, financial, planning, or other services, but no charges for professional services may be based on a percentage of the tax increment collected; except that on and after the effective date of this amendatory Act of the 91st General Assembly, no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;
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(1.5) After July 1, 1999, annual administrative costs
| | shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;
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(1.6) The cost of marketing sites within the
| | redevelopment project area to prospective businesses, developers, and investors.
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(2) Property assembly costs within a redevelopment
| | project area, including but not limited to acquisition of land and other real or personal property or rights or interests therein.
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(3) Site preparation costs, including but not limited
| | to clearance of any area within a redevelopment project area by demolition or removal of any existing buildings, structures, fixtures, utilities and improvements and clearing and grading; and including installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public site improvements within or without a redevelopment project area which are essential to the preparation of the redevelopment project area for use in accordance with a redevelopment plan.
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(4) Costs of renovation, rehabilitation,
| | reconstruction, relocation, repair or remodeling of any existing public or private buildings, improvements, and fixtures within a redevelopment project area; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment.
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(5) Costs of construction within a redevelopment
| | project area of public improvements, including but not limited to, buildings, structures, works, utilities or fixtures, except that on and after the effective date of this amendatory Act of the 91st General Assembly, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (4) unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to the effective date of this amendatory Act of the 91st General Assembly or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan.
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(6) Costs of eliminating or removing contaminants and
| | other impediments required by federal or State environmental laws, rules, regulations, and guidelines, orders or other requirements or those imposed by private lending institutions as a condition for approval of their financial support, debt or equity, for the redevelopment projects, provided, however, that in the event (i) other federal or State funds have been certified by an administrative agency as adequate to pay these costs during the 18 months after the adoption of the redevelopment plan, or (ii) the municipality has been reimbursed for such costs by persons legally responsible for them, such federal, State, or private funds shall, insofar as possible, be fully expended prior to the use of any revenues deposited in the special tax allocation fund of the municipality and any other such federal, State or private funds received shall be deposited in the fund. The municipality shall seek reimbursement of these costs from persons legally responsible for these costs and the costs of obtaining this reimbursement.
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(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to all
| | necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this Act including interest accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related to those costs.
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(9) All or a portion of a taxing district's capital
| | costs resulting from the redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves those costs.
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(10) Relocation costs to the extent that a
| | municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law.
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(11) Payments in lieu of taxes.
(12) Costs of job training, retraining, advanced
| | vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, if those costs are: (i) related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) are incurred by a taxing district or taxing districts other than the municipality and are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. These costs include, specifically, the payment by community college districts of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs under Sections 10-22.20a and 10-23.3a of the School Code.
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(13) The interest costs incurred by redevelopers or
| | other nongovernmental persons in connection with a redevelopment project, and specifically including payments to redevelopers or other nongovernmental persons as reimbursement for such costs incurred by such redeveloper or other nongovernmental person, provided that:
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(A) interest costs shall be paid or reimbursed by
| | a municipality only pursuant to the prior official action of the municipality evidencing an intent to pay or reimburse such interest costs;
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(B) such payments in any one year may not exceed
| | 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year;
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(C) except as provided in subparagraph (E), the
| | aggregate amount of such costs paid or reimbursed by a municipality shall not exceed 30% of the total (i) costs paid or incurred by the redeveloper or other nongovernmental person in that year plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to this Act;
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(D) interest costs shall be paid or reimbursed by
| | a municipality solely from the special tax allocation fund established pursuant to this Act and shall not be paid or reimbursed from the proceeds of any obligations issued by a municipality;
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(E) if there are not sufficient funds available
| | in the special tax allocation fund in any year to make such payment or reimbursement in full, any amount of such interest cost remaining to be paid or reimbursed by a municipality shall accrue and be payable when funds are available in the special tax allocation fund to make such payment.
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(14) The costs of construction of new privately owned
| | buildings shall not be an eligible redevelopment project cost.
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If a special service area has been established under the Special Service
Area Tax Act, then any tax increment revenues derived from the tax imposed
thereunder to the Special Service Area Tax Act may be used within the
redevelopment project area for the purposes permitted by
that Act as well as the purposes permitted by this Act.
(p) "Redevelopment Planning Area" means an area so designated by a
municipality after the municipality has complied with all the findings and
procedures required to establish a redevelopment project area, including
the existence of conditions that qualify the area as an industrial park
conservation area, or an environmentally contaminated area, or a vacant
industrial
buildings
conservation area, or a combination of these types of
areas, and adopted a redevelopment plan and project for the planning area and
its included redevelopment project areas. The
area shall not be designated as a redevelopment planning area for more than
5
years, or 10 years in the case of a redevelopment planning area in the City of Rockford. At any time in the
5 years, or 10 years in the case of the City of Rockford, following that designation of the
redevelopment planning area, the municipality may designate the
redevelopment planning area, or any portion of the redevelopment
planning area,
as a redevelopment project area without making additional findings or
complying with additional procedures required for the creation of a
redevelopment project area.
An amendment of a redevelopment plan and project in accordance with the
findings and procedures of this Act after the designation of a redevelopment
planning area at any time within the
5 years after the designation of the
redevelopment planning area, or 10 years after the designation of the redevelopment planning area in the City of Rockford, shall not require new qualification of findings for
the redevelopment project area to be designated within the redevelopment
planning area.
The terms "redevelopment plan", "redevelopment project", and
"redevelopment project area" have the definitions set out in subsections (l),
(m), and (n), respectively.
(q) "Taxing districts" means counties, townships, municipalities, and
school, road, park, sanitary, mosquito abatement, forest preserve, public
health, fire protection, river conservancy, tuberculosis sanitarium and any
other municipal corporations or districts with the power to levy taxes.
(r) "Taxing districts' capital costs" means those costs of taxing districts
for capital improvements that are found by the municipal corporate authorities
to be necessary and a direct result of the redevelopment project.
(s) "Urban county" means a county with 240,000 or more inhabitants.
(t) "Vacant area", as used in subsection (a) of this Section,
means any parcel or combination of parcels of real property without
industrial, commercial and residential buildings that has not been used for
commercial agricultural purposes within 5 years before the designation of
the redevelopment project area, unless that parcel is included in an
industrial park conservation area.
(Source: P.A. 102-818, eff. 5-13-22.)
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65 ILCS 5/11-74.6-15
(65 ILCS 5/11-74.6-15)
Sec. 11-74.6-15. Municipal Powers and Duties. A municipality may:
(a) By ordinance introduced in the governing body of the municipality
within 14 to 90 days from the final adjournment of the hearing specified in
Section 11-74.6-22, approve redevelopment plans and redevelopment
projects, and designate redevelopment planning areas and redevelopment project
areas pursuant to notice and
hearing required by this Act. No redevelopment planning area or redevelopment
project area shall be
designated unless a plan and project are approved before the designation of
the area and the area shall include only those parcels of real
property and improvements on those parcels substantially benefited by the
proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall forthwith transmit to
the county clerk of the county or counties within which the redevelopment
project area is located a certified copy of the ordinances, a legal description
of the redevelopment project area, a map of the redevelopment project area,
identification of the year that the county clerk shall use for determining the
total initial equalized assessed value of the redevelopment project area
consistent with subsection (a) of Section 11-74.6-40, and a
list of the parcel or tax identification number of each parcel of property
included in the redevelopment project area.
(b) Make and enter into all contracts necessary or incidental to the
implementation and furtherance of its redevelopment plan and project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and options
with respect to that property, all in the manner and at a price that the
municipality determines is reasonably necessary to achieve the objectives
of the redevelopment plan and project. No conveyance, lease, mortgage,
disposition of land or other property owned by a municipality, or agreement
relating to the
development of the municipal property shall be made or executed except
pursuant to prior official action of the corporate authorities of the
municipality. No conveyance,
lease, mortgage, or other disposition of land owned by a municipality, and
no agreement relating to the
development of the municipal property, shall be made without making public
disclosure of
the terms and the disposition of all bids and proposals submitted to the
municipality in connection therewith. The procedures for obtaining the bids
and proposals
shall provide reasonable opportunity for any person to submit alternative
proposals
or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings, structures, fixtures,
utilities or improvements, and to clear and grade land.
(e) Within a redevelopment project area, renovate or rehabilitate or
construct any structure or building, as permitted under this Law.
(f) Within or without a redevelopment project area, install, repair,
construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect fees,
rents and charges for the use of all or any part of any building or
property owned or leased by it.
(h) Issue obligations as provided in this Act.
(i) Accept grants, guarantees and donations of property, labor, or other
things of value from a public or private source for use within a project
redevelopment area.
(j) Acquire and construct public facilities within a redevelopment
project area, as permitted under this Law.
(k) Incur, pay or cause to be paid redevelopment project costs; provided,
however,
that on and
after the effective date of this amendatory
Act of the 91st General Assembly, no municipality shall incur redevelopment
project costs (except
for planning and other eligible costs authorized by municipal ordinance or
resolution that are subsequently included in the redevelopment plan for the
area and are incurred after the ordinance or resolution is adopted) that are
not consistent with the program for
accomplishing the objectives of the
redevelopment plan as included in that plan and approved by the
municipality until the municipality has amended
the redevelopment plan as provided elsewhere in this Law.
Any payments to be made by the municipality to redevelopers or other
nongovernmental persons for redevelopment project costs incurred by
such redeveloper or other nongovernmental person shall be made only pursuant
to the prior official action of the municipality evidencing an intent to
pay or cause to be paid such redevelopment project costs. A
municipality is not required to obtain any right, title or interest in any
real or personal property in order to pay redevelopment project
costs associated with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that such redevelopment
project costs are properly paid.
(l) Create a commission of not less than 5 or more than 15 persons to
be appointed by the mayor or president of the municipality with the consent
of the majority of the governing board of the municipality. Members of a
commission appointed after the effective date of this Law
shall be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in numbers so that the terms of not more than
1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 5 years. The commission, subject to
approval of the corporate authorities of the municipality, may exercise the
powers enumerated in this Section. The commission shall also have the power
to hold the public hearings required by this Act and make recommendations
to the corporate authorities concerning the adoption of redevelopment
plans, redevelopment projects and designation of redevelopment project areas.
(m) Make payment in lieu of all or a portion of real property taxes due
to taxing districts. If payments in lieu of all or a portion of taxes are
made to taxing districts, those payments shall be made to all districts
within a redevelopment project area on a basis that is proportional to the
current collection of revenue which each taxing district receives from real
property in the redevelopment project area.
(n) Exercise any and all other powers necessary to effectuate the
purposes of this Act.
(o) In conjunction with other municipalities, undertake and perform
redevelopment plans and projects and utilize the provisions of the Act
wherever they have contiguous redevelopment project areas or they determine
to adopt tax increment allocation financing with respect to a redevelopment
project area that includes contiguous real property within the boundaries
of the municipalities, and, by agreement between participating
municipalities, to issue obligations, separately or jointly, and expend
revenues received under this Act for eligible expenses anywhere within
contiguous redevelopment project areas or as otherwise permitted in the Act. Two or more municipalities may designate a joint redevelopment project area under this subsection (o) for a single Industrial Park Conservation Area comprising of property within or near the boundaries of each municipality if: (i) both municipalities are located within the same Metropolitan Statistical Area, as defined by the United States Office of Management and Budget, (ii) the 4-year average unemployment rate for that Metropolitan Statistical Area was at least 11.3%, and (iii) at least one participating municipality demonstrates that it has made commitments to acquire capital assets to commence the project and that the acquisition will occur on or before December 31, 2011. The joint redevelopment project area must encompass an interstate highway exchange for access and be located, in part, adjacent to a landfill or other solid waste disposal facility.
(p) Create an Industrial Jobs Recovery Advisory Committee of not more
than 15 members to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing board of the
municipality. The members of that Committee shall be appointed for initial
terms of 1, 2, and 3 years respectively, in numbers so that the terms of
not more than 1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 3 years. The Committee shall have none of
the powers enumerated in this Section. The Committee shall serve in an
advisory capacity only. The Committee may advise the governing board of
the municipality and other municipal officials regarding development issues
and opportunities within the redevelopment project area. The Committee may
also promote and publicize development opportunities in the redevelopment
project area.
(q) If a redevelopment project has not been initiated in a redevelopment
project area within 5 years after the area was designated by ordinance under
subsection (a), the municipality shall adopt an ordinance repealing the area's
designation as a redevelopment project area. Initiation of a redevelopment
project shall be evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs associated with a
redevelopment project.
(r) Within a redevelopment planning area, transfer or loan tax increment
revenues from one redevelopment project area to another redevelopment project
area for expenditure on eligible costs in the receiving area.
(s) Use tax increment revenue produced in a redevelopment project area
created under this Law by transferring or loaning such revenues to a
redevelopment project area created under the Tax Increment Allocation
Redevelopment Act that is either contiguous to, or separated only by a public
right of way from, the redevelopment project area that initially produced and
received those revenues.
(t) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.6-30) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.6-35 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 23, 1997 by the City of Granite City. (Source: P.A. 99-263, eff. 8-4-15.)
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65 ILCS 5/11-74.6-18
(65 ILCS 5/11-74.6-18)
Sec. 11-74.6-18.
If any member of the corporate authority, a member of a
commission
established under subsection (l) of Section 11-74.6-15, or an employee
or consultant of the municipality involved in the planning, analysis,
preparation or administration
of a redevelopment plan, or project for a redevelopment project area or
proposed redevelopment project area, as defined in Section 11-74.6-10,
owns or controls any interest, direct or indirect, in any property included in
any redevelopment
area, or proposed redevelopment area, he or she shall disclose that
interest in writing to the clerk of the municipality, and shall also so
disclose the dates, terms and conditions of any disposition of that
interest. These disclosures shall be acknowledged by the corporate
authorities and entered upon the official records and files of the corporate
authorities. If an individual holds such an interest, then that individual
shall refrain from any further official involvement, in regard to the
redevelopment plan, project or area, from voting on any matter pertaining
to that redevelopment plan, project or area, or communicating with other
members, corporate authorities, commissions, employees or consultants of the
municipality concerning any
matter pertaining to that redevelopment plan, project or area. No member
or employee shall acquire any interest, direct or indirect, in any property
in a redevelopment area or proposed redevelopment area after either the
individual obtains knowledge of that plan, project or area, or, after the
first public notice of that plan, project or area under Section 11-74.6-25,
whichever occurs first.
For the purposes of this Section, a month-to-month leasehold interest
shall not be deemed to constitute an interest in any property included in any
redevelopment area or proposed redevelopment area.
(Source: P.A. 91-474, eff. 11-1-99.)
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